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VALLEY VIEW CATTLE CO. v. IOWA BEEF PROCESSORS

No. 75-4245.

548 F.2d 1219 (1977)

VALLEY VIEW CATTLE COMPANY, Plaintiff-Appellee, v. IOWA BEEF PROCESSORS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 15, 1977.

Attorney(s) appearing for the Case

Edward W. Rothe, Chicago, III., Wentworth T. Durant, Charles M. Meadows, Jr., Dallas, Tex., for defendant-appellant.

Mike McKool, Jr., Don Campbell, Dallas, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD, Circuit Judge, and MEHRTENS, District Judge.

Rehearing and Rehearing En Banc Denied April 15, 1977.

GODBOLD, Circuit Judge:

Valley View Cattle Company conducted negotiations in Hereford, Texas, with Louie Heller for the sale of 259 head of cattle. Heller took possession of the cattle on January 29 and immediately made arrangements to have them shipped to the Iowa Beef Processors' plant in Emporia, Kansas, where they arrived the next day. On January 30, after receiving the cattle, IBP advanced approximately...

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